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Accident Help (Home) » Injury Blog » Can Sovereign Citizens Be Sued for Personal Injury?

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Can Sovereign Citizens Be Sued for Personal Injury?

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A growing number of individuals, known as sovereign citizens, believe they are exempt from the laws that govern everyone else.

While their views may seem unconventional, they can lead to serious real-world consequences, especially when sovereign citizens become involved in legal disputes, such as personal injury cases.

What is a sovereign citizen?

A sovereign citizen is someone who believes they are exempt from the authority of federal, state, and local governments. Sovereign citizens often claim they are only subject to “common law” or “natural laws” that supersede the laws established by the United States government. 

The sovereign citizen movement is not organized under a single group, and many people who identify as sovereign citizens act independently, although some affiliate with groups like the Moorish Nation or the Washitaw Nation.

A brief history of the sovereign citizen movement

The sovereign citizen movement is part of a broader trend of anti-government ideologies that have persisted for decades. Its origins can be traced back to movements in the 1950s, such as the anti-tax resistance movement and anti-Federalist groups, which shared a deep distrust of centralized government. These groups set the stage for the sovereign citizen movement by using similar tactics, including abusing the legal system and harassing public officials.

In the U.S., the movement gained momentum through Posse Comitatus, an anti-government group that rejected federal authority and promoted racist conspiracy theories, such as the belief that governments were controlled by Jewish interests. By the 1990s, the sovereign citizen ideology grew in prominence alongside the militia and patriot movements, fueled by widespread mistrust of government institutions.

The movement spread internationally in the late 1990s, reaching Canada via anti-tax groups, and eventually expanding to Australia, the UK, and Ireland. Despite regional differences, the core belief among sovereign citizens remains the same: they claim they are not subject to government laws or authority.

Are sovereign citizens required to follow traffic laws?

Sovereign citizens often claim that traffic laws don’t apply to them, arguing that these laws are meant to regulate commercial activity, not private travel. 

This belief stems from a misreading of legal definitions found in federal and state laws, where terms like “driver” and “motor vehicle operator” are sometimes linked to commercial purposes, such as transporting goods or passengers for hire. Sovereign citizens incorrectly use these definitions to argue that since they are not engaged in commerce, they are exempt from traffic laws, including requirements for driver’s licenses and vehicle registration.

A key element of their argument involves a misunderstanding of the Uniform Commercial Code (UCC), which governs commercial transactions. Sovereign citizens wrongly believe that invoking certain provisions of the UCC allows them to opt out of government authority and legal obligations, including traffic laws. They often claim that by “traveling” rather than “driving,” they are not subject to the same regulations that apply to commercial activities.

It’s important to note that there isn’t a single, consistent argument among sovereign citizens. Their beliefs and interpretations of the law vary widely, often mixing conspiracy theories with misunderstood legal jargon. As a result, their arguments can be inconsistent and confusing, with each individual or group offering different reasons for why they think they’re exempt from traffic laws. 

Despite these variations, courts uniformly reject these claims as invalid.

Ultimately, traffic laws apply to all individuals on public roads, regardless of their personal beliefs. Those who refuse to comply may face fines, license suspensions, and even criminal charges.

Enjuris tip:

What happens if you’re involved in a car accident with an unlicensed driver? Learn how to protect yourself and recover damages.

Can you sue a sovereign citizen for personal injury?

In a personal injury case, the injured party typically sues the person or entity responsible for causing the harm. But what happens if the defendant identifies as a sovereign citizen? While sovereign citizens may claim they are exempt from lawsuits, courts do not recognize these beliefs as valid defenses.

If a sovereign citizen causes harm—whether through a car accident or another negligent action—they can be sued just like any other person. The key challenge in such cases may be navigating the defendant’s refusal to recognize the court’s authority. Sovereign citizens are known for filing large amounts of paperwork to contest jurisdiction, delay proceedings, or confuse the court, but ultimately, their legal standing is the same as any other U.S. citizen.

“Despite the relatively low number of sovereign citizens in the United States, their proclivity for court involvement and the presence of their beliefs in American culture for over 20 years means that many judges are familiar with sovereign citizens” – Journal of the American Academy of Psychiatry and the Law

In personal injury lawsuits, the burden of proof remains the same, regardless of the defendant’s beliefs. The plaintiff must prove that the defendant’s actions caused their injury and that they are entitled to compensation. If the court rules in favor of the plaintiff, the sovereign citizen is legally obligated to comply with the court’s judgment, including paying damages if required.

What happens if a sovereign citizen ignores a lawsuit?

Sovereign citizens often refuse to comply with lawsuits, including ignoring court summons or filing frivolous counterclaims. In some cases, they may attempt to represent themselves in court, using unusual legal arguments that have no basis in law.

When a defendant fails to respond to a lawsuit, the court may issue a default judgment in favor of the plaintiff. This means that the plaintiff wins the case by default, and the sovereign citizen may be required to pay damages, even if they never appeared in court. While sovereign citizens may attempt to challenge these judgments, courts generally reject their arguments as frivolous.

Enforcing a judgment against a sovereign citizen can be more complicated. They may refuse to pay damages voluntarily, and plaintiffs may need to pursue additional legal steps, such as wage garnishment or placing liens on the defendant’s property. However, these enforcement mechanisms are available in most personal injury cases, ensuring that sovereign citizens can be held accountable despite their refusal to recognize the court’s authority.

If you plan to sue a sovereign citizen, it’s a good idea to consult a personal injury attorney with experience in navigating lawsuits and enforcing civil judgments against non-compliant defendants.

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